Reply to Tiger Woods reportedly dating Vanessa Trump

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[quote=Anonymous][quote=Anonymous]Hoping an attorney can chime in. Tiger takes the breathalyzer and it shows he was NOT drinking. He then refuses a urine test and he is charged with a DUI.

My questions:
-Was Tiger charged with the DUI because of the refusal? If one refuses, does a judge get involved?
-The police statement said Tiger appeared impaired. Would police be wearing body cameras to prove their point? 
-What happens next?
[/quote]
Inferences are often drawn against a driver who refuses a breathalyzer, urinalysis or other chemical tests. Under implied consent laws, the act of driving is considered an advance agreement to submit to such tests if there is probable cause for a DUI or DUID arrest.
In many jurisdictions, a refusal to provide a sample is not just a procedural hurdle; it can be used directly as evidence in court: 
Consciousness of Guilt: Prosecutors may argue that a driver refused the test because they were aware of their own intoxication and wanted to avoid providing incriminating evidence.
Admissible Evidence: Judges or juries are often permitted to consider a refusal as evidence of impairment during a criminal trial.
Heightened Punishment: If later convicted of a DUI, a prior refusal may lead to more severe sentencing or "heightened punishment". 
[/quote]

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